what kind of attorney do i need for a defense civil battery

What does a civil assault and battery lawyer do?

Do I Need a Lawyer for a Civil Battery Case? If you have been sued for civil battery, you should contact a local personal injury attorney to represent you in court. An attorney can let you know if the claim has merit and whether you may have any defenses.

Can a civil case be filed for assault and battery?

Apr 02, 2019 · If you have been sued for civil assault or battery, you should consult with a well qualified and knowledgeable personal injury defense attorney to evaluate if the claims made against you have merit and help you assert any available defenses you may have. Further, they will be able to represent you in a court of law, if necessary.

How do you prove battery in a civil case?

The intent necessary to constitute a civil battery is not an intent to cause harm, but an intent to do the act which causes the harm. The intent to cause injury to another is not required. The defendant is not liable for battery if the act which caused the harm was unintentional. The intent may be inferred.

What are the requirements for a successful civil suit for battery?

If you have been threatened with physical harm, hit, or otherwise touched when you didn't want to be, a civil assault and battery lawyer can help. A civil assault and battery lawyer helps victims sue for money damages from the assailant. Use FindLaw to hire a local civil assault and battery lawyer to get compensation for medical expenses, emotional distress, or pain and suffering.

What is a defense to a charge of battery?

Assault and Battery Defenses: Self-Defense a threat of unlawful force or harm against them; a real, honest perceived fear of harm to themselves (there must be a reasonable basis for this perceived fear); no harm or provocation on their part; and.Feb 14, 2019

What is the difference between a civil assault and battery?

The difference between assault and battery is that battery includes actual physical contact while assault does not. When someone does something that would cause a person to be afraid of imminent harm, like someone pointing a gun at you, this constitutes assault.

What is a defense to battery called?

The most common defenses against battery are self-defense and defense of others. Under California law, you have the right to defend yourself or other people if threatened with harm or violence. If someone attacks you, you have the right to fight back reasonably.

How do you prove a battery in tort law?

The prima facie case for battery contains 4 components:The defendant acts.The defendant intends to cause contact with the victim.The defendant's contact with the victim is harmful or offensive.The defendant's contact causes the victim to suffer a contact that is harmful or offensive.

What elements are required before a plaintiff can file a successful battery lawsuit?

A successful civil suit for battery will require the plaintiff to prove that the following elements were present:The intentional touching of, or application of force to, the body of another person,In a harmful or offensive manner, and.Without the victim's consent.Dec 4, 2018

What is civil law battery?

In both criminal and civil law, "battery" is the intentional touching of, or application of force to, the body of another person in a harmful or offensive manner (and without consent).Dec 3, 2018

Is battery civil or criminal?

Battery is the intentional touching or use of force by one person to another person. Battery is both a civil tort and a criminal act, but the standards that define the action in each are somewhat different. Assault and battery are generally linked together because assault is the threat of the battery to come.Jan 20, 2014

What is the most widely used defense in negligence actions?

The most widely used defense in negligence actions is consent. The purpose of tort law is to provide remedies for the violation of various protected interests. A successful defense releases the defendant from liability for a tortious act.

Is battery a strict liability?

A plaintiff must prove certain things in any strict liability case, but fault is not one of them. II. Battery: Battery is the intentional, harmful or offensive, touching of another without his consent.

What are the 4 elements of battery?

There are four elements to battery: 1) a harmful or offensive touching; 2) to the victim's person; 3) intent; and 4) causation. The first element, a harmful or offensive touching, is judged based on a reasonable person standard.

How do you prove intent in battery?

The requisite intention for battery is simply this: the defendant must have intended the consequence of the contact with the plaintiff. The defendant need not know the contact is unlawful. He or she need not intend to cause harm or damage as a result of the contact.Dec 21, 2021

What are the 3 elements of battery?

The following elements must be proven to establish a case for battery: (1) an act by a defendant; (2) an intent to cause harmful or offensive contact on the part of the defendant; and (3) harmful or offensive contact to the plaintiff.

What are the defenses to assault and battery?

The following is a list of defenses that may apply to civil or criminal assault and battery charges: 1 Self-Defense: The most well-known defense to assault and battery is that the defendant was acting in self-defense. This means that the defendant was the person initially attacked by the plaintiff and committed assault or battery to protect themselves. This may also open the plaintiff to a counter-suit for assault and battery by the defendant. Further, a person may also use reasonable force to defend another person in some cases; 2 Privilege: Some defendants may have a privilege to commit an assault or battery in some cases. For example, police officers have a privilege to use force to place a suspect under arrest; 3 Consent: In some cases a plaintiff may have consented to being in a place where the plaintiff would be assaulted or touched. For example, if the plaintiff was actively participating in a contract sport or at a sports event where the possibility of being hit by an object was a known risk, such as at a baseball game; or 4 Denial of Elements: As noted above, a victim must be able to prove all of the required elements of an assault and battery. Thus, when a defendant disproves one of the required elements, the charges or claims against them will fail.

What to do if you are charged with assault?

If you have been charged with criminal assault or battery, you should contact an experienced criminal defense attorney immediately. They will be able to help you assert any available defense to the charges brought against you, defend you in court, and guide you through the entire criminal process.

What is victim compensation?

Victim compensation funds are provided through a government program in order to reimburse victims of violent crimes, such as assault or battery, as well as their families for out-of-pocket expenses and medical bills. Every state has some sort of victim compensation program; thus, it is important to look up the requirements for receiving funds ...

How long does it take to respond to a civil lawsuit?

This means that you will have to legally respond to a civil lawsuit, once served, typically within 30 days, and deny the charges or assert any defenses available to you.

What is privilege in criminal law?

Privilege: Some defendants may have a privilege to commit an assault or battery in some cases. For example, police officers have a privilege to use force to place a suspect under arrest; Consent: In some cases a plaintiff may have consented to being in a place where the plaintiff would be assaulted or touched.

Is assault and battery a criminal offense?

However, every state also has criminal statutes for assault and battery. This means that both acts can result in prosecution by state courts, which may result in fines and jail time for the aggressor. Although both civil and criminal assault and battery share similar legal requirements of proof, many criminal statutes may vary ...

What happens if you don't plead guilty to a crime?

Finally, if there is no plea bargain a preliminary hearing will be held where a judge will determine whether there is sufficient evidence to charge you with a crime.

What is civil battery?

Civil Battery Definition, Law, Elements, Claim, and Defenses. A battery is any intentional, nonconsensual, and harmful or offensive contact by one person to another. The battery must include contact. The contact must be intentional, nonconsensual. The contact must also be either harmful OR offensive. The contact must be by one person ...

What damages can a plaintiff be awarded?

The plaintiff may be awarded actual damages that they have suffered due to physical injury. These damages may be a result of hospital bills, lost wages, property damage, and so on.

What is privilege in law?

Privilege. A court may recognize that privilege may protect a defendant from liability when he can show that he had a legal right to commit the act. For example, in 1957 plaintiffs sued defendant police officers to recover damage for assault and battery.

What is an intentional act?

Intentional Act. The defendant must have intended to perform the act that resulted in the harmful or offensive contact; the defendant need not have intended to cause the harm or offense. [2] In other words, the defendant must only have meant the contact, but he did not have to mean the result of the contact, such as any harm ...

Can a defendant protect himself from liability?

A defendant can protect himself from liability if he can show that he was provoked. In this situation, the assault may naturally follow a provocation such as an insult. The court may consider the provoking act or word when estimating damages. [18]

Is consent a defense?

Therefore, consent does not need to necessarily be shown by writing or by express words. Consent is not a defense if it was fraudulently induced or the defendant exceeded the scope of the consent.

What is intentional battery?

And "intent" here means that the defendant intended to cause the contact or engaged in behavior that she believed with substantial certainty would cause the contact.

How is fact of contact best proved?

The fact of contact is best proved by evidence like corroborating witnesses not closely associated with the plaintiff, for example bar patrons that witnessed the defendant punching the plaintiff in the face.

Can you prove that a contact was harmful?

If contact is proved, proving whether the contact was harmful will be much easier. Because harmful contact is anything that alters the plaintiff's body or something closely associated with the body, the very fact of contact in most cases will necessarily prove it was harmful.

What Should You Plead?

Most people want to plead no contest, or guilty on their first court date, in order to get it over with minimal cost involved. The problem is when someone commits this crime; there are aggravating factors in their case, even if it is not true.

What Is The Punishment For Assault And Battery With A Deadly Weapon?

The punishment for assault and battery with a deadly weapon is going to depend on a number of factors. First, one of the most important factors is whether it is an assault, or a battery, because the two are very different. Think of a simple assault as a swing and a miss, whereas a simple battery is a swing and a hit.

What is the conduct of a police officer?

A police officer has the legal privilege to use the threat of force, or use actual force if necessary and reasonable under the circumstances, in order to carry out a lawful arrest. Even when an arrestee suffers injury during the course of an arrest or struggle with a police officer, ...

What is privilege defense?

The defense of "privilege" may be used to insulate a defendant from liability in a civil battery claim. Basically, in any successful use of the privilege defense, the person being accused of battery admits to having committed the act -- the intentional and offensive (or even harmful) touching of the claimant. ...

What is consent in a case?

In some situations, it is said that the claimant or plaintiff has given his or her consent to an act of battery, and so the claimant cannot then turn around and sue the defendant for civil battery. The most typical example of consent occurs in sports. A tackle or even an intentional foul in a particular sport may be seen as an expected ...

Can a store owner detain a shoplifter?

In a number of states, store owners and other businesspersons ("merchants") have the right to use a reasonable amount of force to detain a shoplifter or any other person who the merchant reasonably believes is making an attempt to damage or steal store merchandise or other property. These situations can get dicey pretty quickly. So, in some cases, a privilege defense may be valid if a customer accuses a store owner or employee of battery. But in other cases, an inappropriate or unreasonably harsh response to a potential shoplifter can give rise to civil lawsuit for assault, battery, or false imprisonment.

What is the act of restraint?

Discipline or Act of Restraint. Some individuals and employees of businesses may be legally privileged to use force or physical restraint to discipline others. Parents are usually legally privileged to use reasonable physical restraint upon their child. Teachers may also have a similar privilege to use reasonable restraint on students.

Can you use force against a trespasser?

Most jurisdictions permit property owners to use a reasonable threat or reasonable force in order to defend their own property from vandalism or theft. However, there are limitations to this privilege, and a disproportionate use of force will not insulate you from a civil battery claim in most jurisdictions. In some states, there is a clear difference between the amount and nature of force you can use to defend your property when the trespasser is in your home versus when he or she has left your property. Of course, it's not always clear what kind of threat a trespasser poses: if someone is in your home, do they intend to steal your television, or harm you personally? So, again, this is where the "stand your ground" laws mentioned above might come into play.

What is the purpose of an assault or battery lawsuit?

In a successful assault or battery suit, the plaintiff is awarded damages to compensate her for the injuries and expenses that resulted from the tort. That usually includes any medical expenses, lost wages, or pain and suffering that the victim experienced. If the assault or battery was especially traumatic, the plaintiff may receive damages ...

What are the elements of civil battery?

The Elements of Civil Battery. The elements to establish civil battery are generally the same as for criminal battery. A successful civil suit for battery will require the plaintiff to prove that the following elements were present: The intentional touching of, or application of force to, the body of another person, ...

What is the definition of bodily harm?

An intentional attempt or threat to inflict injury on another person, Coupled with an apparent ability to cause the harm, Which creates a reasonable apprehension of bodily harm or offensive contact in the victim . As long as the victim is placed in fear of imminent contact, no actual physical contact or injury need occur.

What to do if someone threatens you?

If someone threatened you, attempted to physically harm you, or touched you in an unwanted manner, you may be able to file a lawsuit for assault and/or battery. This would be a separate, civil case from any criminal proceedings against the defendant. But don't go it alone, get professional help. Contact a personal injury attorney right away.

What is the tort of assault?

Civil assault and civil battery are intentional torts, meaning they stem from intentional acts rather than negligence on the part of the defendant. Victims of intentional torts can receive a special type of damages known as punitive damages.

Does assault require physical contact?

Unlike battery, civil assault doesn’t require that the defendant have any physical contact with the victim. In a civil suit for assault, the plaintiff will have to prove that the following elements were present:

Jessica Ann Foley

I would suggest you do need a lawyer. This sounds like it could get messy. If you can't afford a lawyer, and qualify, they will appoint counsel for you at court. Otherwise, you should hire your own.#N#A lawyer can guide you through the system. You wouldn't remove your own tonsil...

Gregory Casale

Do not be mislead that because Assault & Batery is a misdemeanor, that it is an insifnificant charge. I would seriously consider seeking the funds for a good private criminal attorney. You will not be allowed to simply go into the court and tell them your story. You really only get to tell your story if you go to trial.

Henry Lebensbaum

I agree.#N#If you cannot afford an attorney, the court will appoint one.